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(영문) 수원지방법원안양지원 2017.09.20 2016가단13336
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion was on June 17, 2014, pursuant to the Defendant’s promise to offer adult amusement rooms to the Plaintiff, but the Defendant did not comply with the said commitment, but returned only KRW 3.5 million out of the said money.

Accordingly, the defendant's remaining 2.5 million won, which was not returned, is unjust enrichment, and thus the return is sought.

2. On June 17, 2014, the Plaintiff issued the Defendant a total of KRW 6 million cashier’s checks to the Defendant on KRW 1 million, and among which, the Defendant returned KRW 3.5 million, there is no dispute between the parties.

Among the above 6 million won, it is not sufficient to find that the defendant made unjust enrichment of the above 2.5 million won which the defendant did not return, and the evidence submitted by the plaintiff alone is insufficient to find that the defendant made unjust enrichment of the above 2.5 million won without any legal ground, and there is no other evidence to find otherwise.

(M) In full view of the description of the evidence No. 1 and the purport of the testimony and argument of the witness C, it is reasonable to deem that the Plaintiff’s above KRW 6 million to the Defendant was a title of investment related to “the sales agency business of the building E major complex construction in Yongsan-gu Seoul, Yongsan-gu, Seoul, and it is difficult to see that some of the investment amount is 2.5 million won as a part of the investment amount, as a benefit without any legal ground).

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